Tribunal: Professional Misconduct Beyond Patient Settlements

A significant ruling by the medical tribunal in Islamabad establishes that private settlements between complainants and medical practitioners do not negate disciplinary liability for professional misconduct. This judgement, authored by tribunal chairman Safdar Saleem Shahid, clarifies that regulatory proceedings by the Pakistan Medical and Dental Council (PMDC) are statutory and safeguard professional standards, patient rights, and public confidence, thus cannot be terminated solely by private compromise.

The tribunal underscored that informed consent is a fundamental legal and ethical obligation, not merely an administrative formality. Patients have a right to adequate information about procedures, risks, alternatives, and consequences. The ruling also highlighted that professional misconduct can lead to disciplinary action even if actual physical injury is not definitively proven, differentiating it from professional negligence.

Furthermore, the judgement addressed systemic institutional failures contributing to unsafe healthcare outcomes. It noted deficiencies in licensing, record-keeping, staffing, and adherence to healthcare standards at the facility where a procedure was performed, cautioning against allowing practitioners to perform specialized procedures without proper credentialing and supervision. The tribunal urged regulators to enhance credentialing systems, consent protocols, record management, and inspection mechanisms.